IPC §23 → BNS §2
“Wrongful gain”. “Wrongful loss”. Gaining wrongfully/ Losing wrongfully
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Comparison
23. “Wrongful gain”.—“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss”.—“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. 1. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937, for “Government”. 2. Certain words omitted by Act 40 of 1964, s. 2. 3. Ins. by Act 39 of 1920, s. 2. 4. Subs. by Act 40 of 1964, s. 2, for Cl. Twelfth. 5. Explanation 4 omitted by Act 39 of 1920, s. 2. Gaining wrongfully/Losing wrongfully.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
In this Sanhita, unless the context otherwise requires,—
What changedAI-inferred
BNS Section 2 extracts the IPC 23 cluster into three discrete sub-clauses: 2(36) defines wrongful gain; 2(37) defines wrongful loss; 2(38) carries the paired gaining wrongfully / losing wrongfully verb construct (the pair stays within one sub-clause; it is not further split). The definitional content is preserved across all three. The IPC's Wrongful gain is … / Wrongful loss is … verb is replaced with means; both are closed/exhaustive operators.
Old position
IPC Section 23 was a composite definitional section that defined three expressions in a single block: Wrongful gain (gain by unlawful means of property to which the gainer is not legally entitled), Wrongful loss (the loss by unlawful means of property to which the loser is legally entitled), and the verb pair gaining wrongfully / losing wrongfully (covering both retention/acquisition on the gain side and being kept out of property/being deprived of property on the loss side).
New position
BNS Section 2 extracts the IPC 23 cluster into three discrete sub-clauses: 2(36) defines wrongful gain; 2(37) defines wrongful loss; 2(38) carries the paired gaining wrongfully / losing wrongfully verb construct (the pair stays within one sub-clause; it is not further split). The definitional content is preserved across all three. The IPC's Wrongful gain is … / Wrongful loss is … verb is replaced with means; both are closed/exhaustive operators.
Editorial deltaAI-indicated (source-linked)
IPC Section 23 was a composite definitional section that defined three expressions in a single block: Wrongful gain, Wrongful loss, and the verb pair gaining wrongfully / losing wrongfully. BNS Section 2 extracts these into three discrete sub-clauses: 2(36) for wrongful gain, 2(37) for wrongful loss, and 2(38) for the paired gaining wrongfully / losing wrongfully verb construct (which itself remains a paired definition within the single sub-clause). Substantive definitional content is preserved across all three; the IPC's Wrongful gain is … / Wrongful loss is … definitional verb is replaced by means in BNS 2(36) and 2(37) — both forms are closed/exhaustive operators, so the shift is drafting modernisation rather than scope drift. The relationship is classified as definition_extracted to capture the structural reorganisation (one composite IPC section → three BNS sub-clauses); the substantive set is preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 23 continues to apply. For matters from that date forward, BNS 2 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.
Frequently asked
BNS Section 2 sub-clauses 2(36) (wrongful gain), 2(37) (wrongful loss), and 2(38) (gaining wrongfully and losing wrongfully). The IPC 23 composite section is structurally extracted into these three sub-clauses; substantive content is preserved.
Sources
- India Code — Indian Penal Code, 1860 (pending verification)
- Bharatiya Nyaya Sanhita, 2023 — bare act PDF (Gazette of India, 25 December 2023; Act No. 45 of 2023)
Cite this page
Newlaws.in, IPC §23 → BNS §2 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/23.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.